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Marketing Firm Exactis Leaked a Personal Info Database with 340M Records

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Re: Marketing Firm Exactis Leaked a Personal Info Database with 340M Records

#181

Post by hydrox24 »

faho wrote: post #176
lucb1e wrote: post #169

Earlier quoted context omitted.

That sounds a lot like "I told you so" tone when I still disagree with you. But in case you're here to talk about it and not just to assert your version of the truth, no, I don't think anyone ever claimed that small corps are a loophole. Then big corps would just delegate it to a shell company and be done with it. European law is, to the best of my knowledge, fairly reasonable: if you do something wrong regarding pri…

What I'd love to know is how much of that is codified law (as in in the actual act) as opposed to just expected to come from reasonable courts.

Courts will always base their decisions on case law, and I suspect that you can reasonably expect a certain kind of GDPR case law to arise, given what the standing case law is already.

Re: Marketing Firm Exactis Leaked a Personal Info Database with 340M Records

#182

Post by JeanMarcS »

hydrox24 wrote: post #181
faho wrote: post #176

Earlier quoted context omitted.

What I'd love to know is how much of that is codified law (as in in the actual act) as opposed to just expected to come from reasonable courts.

Courts will always base their decisions on case law, and I suspect that you can reasonably expect a certain kind of GDPR case law to arise, given what the standing case law is already.

The French CNIL just fined an association for 75,000 € for a leak in their data.

It was a 2017 case, but I guess it will reflect what can happen ?

Re: Marketing Firm Exactis Leaked a Personal Info Database with 340M Records

#183

Post by lvh »

hydrox24 wrote: post #181
faho wrote: post #176

Earlier quoted context omitted.

What I'd love to know is how much of that is codified law (as in in the actual act) as opposed to just expected to come from reasonable courts.

Courts will always base their decisions on case law, and I suspect that you can reasonably expect a certain kind of GDPR case law to arise, given what the standing case law is already.

There is no doctrine of stare decisis in EU courts. Case law is not binding. Further complicated by the huge number of courts that might hear a case, dependent on the DPA.

Re: Marketing Firm Exactis Leaked a Personal Info Database with 340M Records

#184

Post by wglb »

omginternets wrote: post #173
axaxs wrote: post #14

When will this stop? When's the last straw? If I gave a bank 100 dollars, and they lost it, I'd have avenues with which to pursue some sort of justice. If I give a company my data, and they lose it, oh well. I wish all personal data was treated like HIPAA, at a minimum.

> my data Data about you is not (necessarily) data you own. I'm not saying it's right, but any reasonable discussion has to take this legal landscape into account.

That is not the European view. Data about you is owned by you, not by the company that collected or processed it.

Re: Marketing Firm Exactis Leaked a Personal Info Database with 340M Records

#185

Post by wglb »

jonhendry18 wrote: post #15
chatman wrote: post #8

And, they made fun of RMS... He was telling you what the future holds. This is just a trailer of what is to come.

Information wants to be free. That includes information you don't want to be free.

    Information wants to be free
    Unless it is about me

Re: Marketing Firm Exactis Leaked a Personal Info Database with 340M Records

#186

Post by aalleavitch »

lucb1e wrote: post #169
hopeless wrote: post #160

A lot of people complained that GDPR was too onerous on small firms and that they should be exempt. According to LinkedIn https://ie.linkedin.com/company/exactis-llc Exactis has just 10 employees (obviously some error possible. Call it 15-20?) Now do you think small firms can’t hold large quantities of damaging data?

That sounds a lot like "I told you so" tone when I still disagree with you. But in case you're here to talk about it and not just to assert your version of the truth, no, I don't think anyone ever claimed that small corps are a loophole. Then big corps would just delegate it to a shell company and be done with it. European law is, to the best of my knowledge, fairly reasonable: if you do something wrong regarding pri…

What if gross negligence is the industry standard?

Re: Marketing Firm Exactis Leaked a Personal Info Database with 340M Records

#187

Post by arrrg »

eli wrote: post #178
lucb1e wrote: post #169

Earlier quoted context omitted.

That sounds a lot like "I told you so" tone when I still disagree with you. But in case you're here to talk about it and not just to assert your version of the truth, no, I don't think anyone ever claimed that small corps are a loophole. Then big corps would just delegate it to a shell company and be done with it. European law is, to the best of my knowledge, fairly reasonable: if you do something wrong regarding pri…

The "you won't get big fines if you try your best" thing isn't in the law. I believe you that it is probably true, but it relies on the reasonableness of all current and future regulators. I don't like that.

It is in the law. It’s one of the basic principles of law.

By its very nature, however, you cannot nail such a thing down and define it precisely beforehand.

Re: Marketing Firm Exactis Leaked a Personal Info Database with 340M Records

#188

Post by vertex-four »

JeanMarcS wrote: post #182
hydrox24 wrote: post #181

Earlier quoted context omitted.

Courts will always base their decisions on case law, and I suspect that you can reasonably expect a certain kind of GDPR case law to arise, given what the standing case law is already.

The French CNIL just fined an association for 75,000 € for a leak in their data. It was a 2017 case, but I guess it will reflect what can happen ?

Can you link to this? Searching for "CNIL", "75,000" and "2017" doesn't turn up anything useful.

Re: Marketing Firm Exactis Leaked a Personal Info Database with 340M Records

#189

Post by raarts »

hydrox24 wrote: post #181
faho wrote: post #176

Earlier quoted context omitted.

What I'd love to know is how much of that is codified law (as in in the actual act) as opposed to just expected to come from reasonable courts.

Courts will always base their decisions on case law, and I suspect that you can reasonably expect a certain kind of GDPR case law to arise, given what the standing case law is already.

The EU has a civil law system where the US has a common law system.

Common law gives judges an active role in developing rules; civil law is based on fixed codes and statutes.

Case law is not binding in the EU.

Re: Marketing Firm Exactis Leaked a Personal Info Database with 340M Records

#190

Post by tjoff »

aalleavitch wrote: post #186
lucb1e wrote: post #169

Earlier quoted context omitted.

That sounds a lot like "I told you so" tone when I still disagree with you. But in case you're here to talk about it and not just to assert your version of the truth, no, I don't think anyone ever claimed that small corps are a loophole. Then big corps would just delegate it to a shell company and be done with it. European law is, to the best of my knowledge, fairly reasonable: if you do something wrong regarding pri…

What if gross negligence is the industry standard?

That's when you introduce laws (GDPR) to try and change course.
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